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All Journal Journal Hukum Khaira Ummah Jurnal Dinamika Hukum Jurnal Daulat Hukum Jurnal Akta The 2nd Proceeding Indonesia Clean of Corruption in 2020" Law Development Journal Sultan Agung Notary Law Review Jurnal Ilmiah Sultan Agung
Amin Purnawan
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Religion Humanities Civil Engineering, Building, Construction & Architecture Computer Science & IT Economics, Econometrics & Finance Electrical & Electronics Engineering Law, Crime, Criminology & Criminal Justice Nursing Public Health Social Sciences Other

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HOMOLOGATION RECONSTRUCTION IN BANKRUPTCY THAT IS BASED ON DIGNIFIED JUSTICE Agus Winoto; Teguh Prasetyo; Amin Purnawan
The 2nd Proceeding “Indonesia Clean of Corruption in 2020" Table Of Content
Publisher : The 2nd Proceeding “Indonesia Clean of Corruption in 2020"

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Abstract

Law No 37 Year 2004 on Bankruptcy and Liability Payment Postponement (PKPU) enables a debtor to come up with a settlement offer to the creditor, prior to or after bankruptcy, in order to pay for liabilities or end bankruptcy and PKPU. A settlement offer from a debtor, discussed and submitted after liability verification, which has been agreed and approved by both the debtor and the creditor must first be legalized by a panel of judges that decide on the case. This will give the settlement offer a fixed and binding legal status. Hence, it can be executed. However, the panel of judges do has the right to legalize a settlement offer agreed and approved by both the debtor and the creditor, as stipulated in Article 159 subsection (2) and Article 285 subsection (2) of Law no 37 Year 2004. This right to deny legalizing a settlement offer is against the universal principles of agreement, especially concerning mutual agreement, pactasuntservanda, freedom of contract, and common justice. The issues discussed in this research include (1) Why legalizing a settlement in the bankruptcy law does not reelect justice? (2) What are the consequences of legalizing a settlement in the bankruptcy law that does not reflect justice? (3) What is the law construction for legalizing a settlement in the bankruptcy law that is based on the values of justice? The method employed was judicial sociology. Data were collected from interviews, observations, and documentations. Those data were then analyzed using the interactive analysis method.  Results show that (1) Legalizing a settlement in both the bankruptcy law and PKPU is not yet based on justice values, especially the value of dignified justice based on Pancasila, namely Principles, 2, 4, and 5. (2) Hindrances in legalizing a settlement among others are; the agreement between a debtor and all creditors or most/the majority of creditors in a settlement offer is not recognized by the panel of judges; It is against the universal principles of agreement, especially the freedom of contract, the principle of pactasuntsevanda, and mutual agreement, and it does not recognize the deliberation between both the debtor and creditors, which is presided by a curator and a supervising judge and is in line with Principle 4 of Pancasila. (3) There needs to be a reconstruction for the ideal values of legalizing a settlement in bankruptcy law and PKPU, based on the values of dignified justice, that is aimed at protecting all parties involved in the settlement and PKPU.  Keywords: legalizing a settlement, bankruptcy law, PKPU, dignified justice 
EKSISTENSI PENGATURAN PAJAK DAERAH DALAM MENINGKATKAN PENDAPATAN ASLI DAERAH DI PEMERINTAH PROVINSI JAWA TENGAH Novi Andriani; Amin Purnawan
Jurnal Hukum Khaira Ummah Vol 12, No 1 (2017)
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

Balancing Funds from cen tral to specific regions in Central Java Province contributed from the balancing fund from the Year 2013-2016 on average by 98.36% while for the Revenue Only 90.37%. This indicates that local governments are still dependent on the central government. Local governments need to optimize the source of revenues sourced from the Local Revenue. Special Government of Central Java Province is regulated in Local Regulation number 2 Year 2011 on Central Java Province Tax and has been referring to Law Number 28 Year 2009 on Regional Tax and Retribution. This study aims to determine and analyze the extent of the existence of local tax arrangements in increasing local revenue in Central Java Province for the fiscal year 2013-2016. Data analysis method used is juridical empirical. The results of this study indicate that simultaneously there is the influence of Local Taxes on Local Revenue of 90% and fragmentary Local Tax positively substantially influential on Local Revenue have a significant effect positively on the Original Revenue.Keywords: Existence, Local Tax, Local Original Income
IMPLEMENTASI PERMA NOMOR 2 TAHUN 2012 DAN RELEVANSINYA DALAM PENANGANAN TINDAK PIDANA PENCURIAN UNTUK MEWUJUDKAN KEADILAN SUBSTANTIF (Studi Kasus di Polres Semarang) Agustinus David Putraningtyas; Amin Purnawan
Jurnal Hukum Khaira Ummah Vol 12, No 1 (2017)
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

The research problem as follows: how the implementation of Perma Number 2 Year 2012 in handling criminal theft in Polres Semarang; How is the legal consequence of the criminal act of theft; What constraints arise in the implementation of Perma No. 2 of 2012.The result of the research concludes that Implementation of Perma Number 2 Year 2012 in handling criminal theft in Polres Semarang in this case has been applied as possible. The legal consequences in handling criminal theft in Polres Semarang to realize substantive justice based on Perma No. 2 of 2012 can be known from the cause of the failure of criminal justice in Polres Semarang because during the implementation of material criminal law is bound by formal legality as regulated in KUHAP. The obstacles are the limitations of Semarang Police personnel, budget, and investigation ability in conducting an investigation.Keywords    :   Implementation, Supreme Court Regulation, Theft Crime
PENEGAKAN HUKUM PEMANFAATAN ASET BARANG MILIK NEGARA DI WADUK KEDUNGOMBO DITINJAU DARI PASAL 167 KUHP Desika Ratnaningtyas Krispriati; Amin Purnawan
Jurnal Hukum Khaira Ummah Vol 12, No 2 (2017)
Publisher : Jurnal Hukum Khaira Ummah

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Abstract

Kedungombo Reservoir as an asset of State property, experiencing problematic area management related to legal aspect. These problems include the uncontrolled number of floating net cages, land conversion, and unauthorized land grabs. This journal is based on the question of how 1) the system of preventing the use of state assets, 2) law enforcement in terms of Article 167 Paragraph (1) of the Criminal Code, and 3) what are the constraints and solutions to prevent the utilization of state assets by non- interested in the Kedungombo Reservoir of Central Java. The objective is to know and analyze 1) the system for preventing the use of state property assets; 2) law enforcement viewed from Article 167 Paragraph (1) of the Criminal Code and 3) obstacles and solutions to improve the prevention system of utilization of state property assets.The approach used is sociological juridical. The result of the research explains that the prevention system of the utilization of state-owned assets consists of input components, in the form of regulations related to the utilization of reservoirs, BBWS Pemali Juana, stakeholders and Local Government. The process, regulatory awareness efforts, community empowerment activities to strengthen aspects of community welfare. The output of the interdependence of roles between BBWS, the community and stakeholders in managing the reservoir for the sustainability of its resources is maintained. The main activities of active approach is to run the program of preventing the damage of natural resources and its infrastructure, as well as the socialization of the crime of natural resources in accordance with the laws and regulations. While the passive approach collects reports from the public associated with the destruction of natural resources and facilities .Law enforcement of the utilization of state property assets in the reservoir under article 167 of the Criminal Code includes reprimands and appeals, or the maximum form of making Statement by unauthorized parties. Obstacle prevention system utilization of State Property Assets in Reservoir is derived from water resources that experience sedimentation and behavior of the surrounding community who built illegal buildings and planting corn in Green Belt protected area and the use of floating net cages that exceed the limit. The solution is the application of environmentally friendly agriculture (terracing), maximizing the utilization of organic fertilizers and pesticides. In addition, fishery cultivation is limited. The surrounding community behavioral constraints are resolved with legal awareness and economic reinforcement through a non-penal approach by multiple stakeholders and defensive strategies. Keywords: Law enforcement, utilization of state property, article 167 of the Criminal Code.
REKONSTRUKSI SISTEM PEMUNGUTAN PAJAK PENGHASILAN (PPH) BADAN BERBASIS NILAI KEADILAN Amin Purnawan
Jurnal Dinamika Hukum Vol 11 (2011)
Publisher : Faculty of Law, Universitas Jenderal Soedirman

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.20884/1.jdh.2011.11.Edsus.260

Abstract

Fairness in taxation policy can be viewed from: first, the equilibrium relationship between tax authorities and taxpayers,  secondly, equitable allocation of the tax burden on various segments of society according to his ability. Corporate income tax collection system did not reflect the sense of justice because the application of the single rate system of corporation tax burden caused injustice, and the authority of the tax authorities are still too broad. It needs political reconstruction based corporate income tax law of justice based on Pancasila, through structuring and strengthening aspects of philosophy, the subtance and structure of tax law. Progressive tax law by using a new paradigm is expected to display the figure of taxation more equitable and humane, so as to promote awareness of voluntary compliance from tax payer, followed by transparency and responsibility of countries to achieve people’s welfare. Keywords: Reconstruction, Corporate Income Taxes, Juctice
Law Enforcement Of Crime Operation Power Installation Without Certificate Of Operations Eligible Under The Constitutional Court Decision Number 58 / Puu-Xii / 2014 (Overview Against Article 54 Paragraph 1 Of The Act Number 30/2009) Alfian Faulia Numairi; Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 2 (2019): June 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i2.5551

Abstract

Electricity policy in encouraging the ease of trying to become the hope of many parties. Act Number 30 of 2009 on Electricity requires that any electrical installation has the operational acceptance certificate (SLO). Based on the operational acceptance certificate as a prerequisite for enjoying the flow of electricity, as a discrimination against citizens and compounded by the threat of imprisonment related to the waiver provisions. The Constitutional Court is authorized to reconcile the justice seekers in the nation's leading citizens equal rights and away from discrimination. This study departs from problems such as the following: 1) How do criminal acts of law enforcement on power installations operate without a certificate of operation acceptance; 2) What factors affect the law enforcement of criminal acts operating electric power installations without a certificate of operation worthiness.This study uses empirical juridical approach to the type of descriptive analytical research. Data used by researchers there are two types of primary and secondary data. Primary data were obtained through interview and secondary data obtained by the engineering literature study.Based on the results, it can be explained that: 1) Law Enforcement Crime operate Installation Power Without Eligible Certificate of Operation, originated from Central Java Police open investigation investigators through interviews, with the results known to the criminal offense of electricity. Further enhanced the status of the investigation into the investigation process. At this stage of the prosecution, the public prosecutor indicted the suspect in the first alternative charges which violates Article 49 paragraph (2) or second violation of Article 54 paragraph (1) of Act Number 30 of 2009. 2) The factors that affect law enforcement Crime operate Installations power Without Eligible Certificate of Operation is the socialization factor that is still weak, criminals who do not know about the legal norms in Act Number 30 of 2009,Keywords: Criminal; Operational Acceptance Certificate; Electricity
Law Protection And Criminal Responsibility Of Land Deed Official (PPAT) On The Deed He Made Fajar Fitrio Dwi Nugroho; Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 4 (2019): December 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i4.8384

Abstract

The purpose of this study was to analyze the responsibility of PPAT, the precautionary principle and law protection of PPAT on deed made (case study in State Court of Salatiga Decision 43 /Pdt.G/2017/PN. Slt). The approach used in this study is a sociological juridical methods with specifications this study uses descriptive analytical type. Data collection techniques using primary data through interviews and secondary data is by doing an inventory of the literature books, documents, articles. Qualitative analysis techniques. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land. The results show based protection against PPAT, PPAT entitled to legal protection such as safety, both in mind and physical harassment and threats from others. PPAT parties responsible for the deed he made that is in accordance with the rules and principles PPAT deed and responsible to attend the hearing. Based on the precautionary principle PPAT less cautious in making payment of the memorandum of land.Keywords: PPAT; Legal Protection; PPAT Responsibility; Precautionary Principle.
Legal Protection Of Participants Applications For Land Certificates Through Complete Systematic Land Registration (PTSL) In Blora Regency Sriyono Sriyono; Amin Purnawan
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8431

Abstract

The ATR / BPN Ministry launched a Systematic Complete Land Registration (PTSL) as a National Priority Program. This program is intended for middle to low income groups who can have land rights certificates at a low cost, as well as to provide legal certainty guarantees to holders of land rights. One important thing that must be considered in the implementation of PTSL is the availability of laws and regulations that protect the PTSL process and products. The formulation of the problem in this research is what is the form of legal protection for participants in a complete systematic land registration program (PTSL) in Blora Regency. The method used is sociological juridical. The specifications in this study are descriptive analysis. The data used for this study are primary and secondary data obtained from the field observation, interviews, and literature study methods. Based on the research concluded with the Regulation of the Minister of Agrarian Spatial Planning / Head of the National Land Agency Number 6 of 2018 On Complete Systematic Land Registration if there are parties who feel their interests are harmed, they can submit an objection to the official who issues the discretionary decision.Keywords: Legal Protection; Land Rights Certificate; Complete Systematic Land Registration.
The Role Of Visum Et Repertum As A Provision Effort On Criminal Financing Lilik Eko Sukaryono; Amin Purnawan
Jurnal Daulat Hukum Vol 3, No 1 (2020): March 2020
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v3i1.8408

Abstract

In the process of investigating criminal cases of persecution relating to the body, health, and human lives, it requires the assistance of a medical expert. The assistance of a doctor with his medical science of justice as stated in the Visum et repertum which he made is absolutely necessary. The formulation of the problem that was formed in this study is how the role of visum et repertum as evidence in the implementation of court cases of persecution in the Blora State Court, and what obstacles and solutions that occur in the form of evidence visum et repertum in cases of criminal abuse. Juridical sociology as an approach method used in this study with research specifications with descriptive methods. The data used consisted of primary data and secondary data using interview and literature study methods. Based on the research it was concluded (1) The role of Visum et repertum in the case of mistreatment in case decision number 184 / Pid.B / 2018 / PN Bla, the judge weighed on the elements in Article 351 paragraph 1 of the Criminal Code in which the result was a feeling of discomfort, pain or injury, which is based on evidence in the form of Visum et repertum on the victim's body. (2)Obstacles in proving in the form of visum et repertum in cases of torture include the qualification of wounds based on the legal needs confusing a doctor, standardization of the determination of the degree of injury to be poured on the Visum et repertum, Provisions for the signing of the post visum et repertum letter by the doctor, Request for visum et repertum which is lacking / incomplete, Visum Request Letter arrives late. Keywords: Visum Et Repertum; Evidence; Criminal Acts Of Persecution.
Gap State Finance Law In General Services Agency Regional (Blud) The Potential To Cause Corruption Crime Risky Eko Novi Artanto; Amin Purnawan
Jurnal Daulat Hukum Vol 2, No 3 (2019): September 2019
Publisher : Magister of Law, Faculty of Law, Universitas Islam Sultan Agung

Show Abstract | Download Original | Original Source | Check in Google Scholar | DOI: 10.30659/jdh.v2i3.5640

Abstract

This research is motivated persistence of financial irregularities in the management of Public Service Agency (BLUD) in the form of illegal action by way of irregularities contained in the establishment and administration of the managerial incentives that resulted in financial losses of any element of State. The purpose of this study is to analyze and explain the legal gaps in the State Treasury General Services Agency (BLUD) potentially Corruption. The method used in this paper qualitative descriptive case study case number Sprin. Evidence/ 314 / IV / 2018 / Reskrimsus, with normative juridical approach. Based on this research, that the financial legal gaps in the State Public Service Agency, which is used by the perpetrators of corruption is a way of cutting managerial remuneration or incentive structural officials Fiscal of 2014-2016 conducted by the offender, resulting in state losses of Rp. 4227319755.Keywords: Legal Loopholes; Public Finance; Corruption.
Co-Authors Achmad Sulchan Adi Wiratmoko Agus Winoto Agus Yuliana Indra Agustinus David Putraningtyas Ahmad Ali Ustadi Ahmad Khisni Akhmad Khisni Alfian Faulia Numairi Amir Akbar Nurul Qomar Andi Kusuma Mapareppa Andi Mohamad Akbar Mekuo Angga Hardityo Arif Nurcahyono Arpangi Arpangi, Arpangi Arya Fathurahman Aryani Witasari Beny Fajar Sanjaya Budi Santosa Cantika Putri Azzahra Catur Agung Bintoro Catur Budi Dianawati Chaerullah Wahyu David Ayank Kurniawan Desika Ratnaningtyas Krispriati Dewa Bayu Lumanga Dewi Indrasari Diyono Diyono Dwi Fahri Hidayatullah Dwi Pratiwi Markus, Dwi EFTY HINDARU SUDIBYO Eko Nurhanafi Fajar Fitrio Dwi Nugroho Fikrina Setyo Rini Fitriani Machbub Galuh Sekar Widjayanti Hendro Kusuma Jaya Jaya Imam Firdaus Irmawati Irmawati Istiningsih Istiningsih Kanzu Khirzul Yaman Karolus Geleuk Sengadji Khoirulika Nur Harinda Kiki Andriani Samad Lilik Eko Sukaryono M. Indah Verena Ferdiyanti Ma'ruf Akib Muhammad Heriyansyah Muhammad Yanuar Ilham Muslich Ashari Muslich Ashari Novi Andriani Prasetyo, Teguh Risky Eko Novi Artanto Serly Nurnaningsih Setyawati Setyawati Siska Septiyanti Siti Rodhiyah Dwi Istinah Siti Ummu Adillah Sriyono Sriyono Suci Harumi Sulistyo Utomo Tasmo Tasmo Tista Febrianti Tithos Briyan Pamungkas Sumanang Yunita Budi Chrissanni Zahren Zukri Alyafie